1. Definitions

“Agreement” means these Terms of Service together with any order confirmation issued by FreePBX UK.

“Service” means the provision of a virtual machine environment on which FreePBX/Asterisk software is pre-installed for the Customer’s sole use and configuration. FreePBX UK does not operate, manage, or guarantee the PBX software or any telephony outcomes.

“Instance” means the dedicated virtual machine provisioned for You on DigitalOcean infrastructure in the London 1 region.

“Start Date” means the date on which the Service is provisioned and made available to You.

“Support Hours” means Monday to Friday, 09:00 to 18:00 (GMT/BST), excluding UK bank holidays in England, Scotland and Wales.

“Critical Issue” means a complete and sustained loss of connectivity to the underlying virtual machine at the infrastructure level. It does not include any issue relating to the PBX software, its configuration, SIP connectivity, call routing, call quality, or any other telephony matter.

“Third-Party Services” means services provided by Sangoma Technologies (FreePBX), DigitalOcean LLC, and SMTP2GO, each subject to their own terms and conditions which are incorporated into this Agreement by reference.

2. Eligibility and Permitted Use

2.1 The Service is provided exclusively for commercial business use. Residential, personal, and hobbyist use is not permitted. By placing an order, You confirm that You are entering into this Agreement in the course of a business and that the Service will be used for commercial purposes only. For the avoidance of doubt, sole traders and freelancers operating commercially are eligible customers. Private individuals, students, and hobbyists are not.

2.2 You confirm that You are based in the United Kingdom and that the Instance will be used to operate a telephone system for Your business or for a business operated by or on behalf of Your organisation.

2.3 We reserve the right to terminate this Agreement immediately, without notice, and without refund where we determine, acting reasonably, that the Service is being used in breach of this clause. We are not obliged to give reasons for such a determination. No prior warning will be given before termination under this clause.

3. The Service

We will provide You with the Service from the Start Date and will exercise reasonable care and skill in making the underlying virtual machine infrastructure available. Our obligation of reasonable care and skill extends only to the availability of the virtual machine at the infrastructure level, subject to the limitations set out in this Agreement, and does not extend to the operation, configuration, security, or performance of the PBX software, SIP connectivity, or any telephony outcome.

Each hosting tier provides a dedicated virtual machine with the resources specified at the time of order. The Instance is made available with FreePBX/Asterisk software pre-installed. Infrastructure uptime and virtual machine resource metrics are monitored at the infrastructure level. This monitoring is limited to the availability and performance of the virtual machine itself and does not extend to SIP traffic, call activity, PBX behaviour, PBX configuration, fraud detection, or security of the PBX software. The provision of infrastructure monitoring does not create any obligation or responsibility for the PBX software, its configuration, or any telephony outcome. Infrastructure monitoring alerts are received by FreePBX UK for operational purposes only. Receipt of any such alert does not create an obligation to investigate, remediate, or notify You in respect of any matter relating to the PBX software, its configuration, or telephony usage.

Instances are made available from a standardised Debian 12 deployment image incorporating IN1CLICK, the open-source FreePBX installer developed and maintained by 20 Telecom Ltd. The provision of this deployment image does not create any obligation for ongoing PBX security, configuration, fraud prevention, or PBX operation. You are solely responsible for all configuration, operation, and security of the PBX software from the Start Date. You may configure and operate the FreePBX software installed on the Instance for Your own legitimate business use only.

The inclusion of FreePBX software on the Instance does not constitute the provision of a functioning telephone system or telephony service. FreePBX UK does not provide telephony services, including telephone numbers, SIP trunking, call routing, or connectivity to the public switched telephone network (PSTN). Any such services may be obtained by You from third-party providers or from other services offered by 20 Telecom Ltd. Where such services are used, they are provided under separate agreements and are not part of this Service. FreePBX UK accepts no responsibility or liability for the provision, performance, or availability of such services.

A hostname in the format my-XXXXXXXX.freepbxhosting.uk may be provided for convenience to facilitate access to the Instance. Any such hostname is provided solely as a non-essential convenience feature, remains the property and control of FreePBX UK, and may be modified, reassigned, or withdrawn at any time where reasonably required for operational, security, or commercial reasons. The availability of such a hostname is not guaranteed and does not form part of the core Service.

Any such hostname is intended solely for web-based access to the Instance (including administrative interfaces) over HTTP or HTTPS. It is not configured or supported for SIP signalling, RTP media traffic, or any other real-time telephony protocols. Use of the hostname for such purposes is unsupported and may result in degraded performance, service disruption, or failure. The Customer is responsible for configuring appropriate network access for SIP and RTP traffic directly to the Instance where required.

Public exposure of the Instance via direct DNS resolution or the disabling of any reverse proxy or access control mechanism (including but not limited to Cloudflare proxying) is restricted by default as a security measure. Requests to modify or remove such protections must be submitted via the FreePBX UK customer portal and will be subject to a security review at our discretion. We may approve or refuse any such request acting reasonably, and may reapply protections where necessary to maintain the integrity, stability, or security of our infrastructure or third-party platforms. Approval of any such request does not constitute validation of the Customer’s security configuration and does not transfer any responsibility for security, access control, or fraud prevention to FreePBX UK.

The Service must not be relied upon for access to emergency services. FreePBX UK does not provide or guarantee access to emergency calling (including 999 or 112), and accepts no responsibility for any failure to access such services, whether arising from Service interruption, misconfiguration, third-party failure, or any other cause. You are solely responsible for ensuring that appropriate and reliable access to emergency services is available at all times.

We may perform scheduled maintenance from time to time, which may result in temporary service interruption. Where reasonably practicable, we will provide advance notice of planned maintenance via the FreePBX UK customer portal.

FreePBX UK is not responsible for call quality, routing, or connectivity, which are dependent upon Your chosen SIP trunk provider, Your internet connection, and other factors outside our control.

The Service makes use of Third-Party Services selected and required for operation of software under Your control. We do not warrant the continuous availability of any third-party platform and accept no liability for interruptions caused by them. By placing this order, You acknowledge that Your use of the Service is also subject to the terms and conditions of Sangoma Technologies, DigitalOcean LLC, and SMTP2GO respectively.

4. Duration

This Agreement shall come into full force and effect from the Start Date and shall continue on a rolling monthly basis until terminated by either party in accordance with these terms. Either party may terminate this Agreement in accordance with Clause 11. Earlier termination is permitted under the circumstances set out in that clause.

5. Charges and Payment

Hosting charges are billed monthly on the anniversary of the Start Date. All charges are exclusive of VAT, which will be applied at the prevailing UK rate where applicable. Current hosting prices are published at my.freepbx.uk.

Hosting prices are reviewed annually and may change with effect from 1st April each year. Any increase will not apply mid-term to any active hosting subscription. Annual price increases are limited to the Consumer Prices Index (CPI) plus 3.9%. Where pricing has not been increased in a previous year, we reserve the right to apply a cumulative increase not exceeding the total CPI plus 3.9% for each year in which no increase was applied, up to a maximum of three consecutive years. A minimum of 30 days’ notice of any price change will be provided by email to the primary account holder and published at my.freepbx.uk.

Invoices are issued automatically on each billing date. Payment is due within seven days of the invoice date. Direct debit is the preferred payment method and customers are encouraged to set up a direct debit mandate via the customer portal. Where a card is held on the account, FreePBX UK may attempt to collect payment automatically, but does not guarantee automated collection and accepts no liability for failed collection attempts. The Customer remains responsible for ensuring payment is made by the due date regardless of the payment method held on the account.

FreePBX UK reserves the right to remove stored card details from the account at any time for security or operational reasons, without prior notice. Removal of stored card details does not affect any outstanding payment obligations. Customers are advised not to rely solely on stored card details for payment and are encouraged to maintain an active direct debit mandate.

If payment is not received by the due date, we reserve the right to apply a late payment administration charge in accordance with the following schedule, up to a maximum of £12 per invoice:

First notification (1 day overdue): £3.00. Second notification (8 days overdue): £4.00. Third and final notification (22 days overdue): £5.00.

We further reserve the right to charge daily interest on amounts outstanding beyond 21 days after the invoice date at a rate of 5% per annum above the Bank of England base rate, whether before or after judgment, until all sums due are paid in full.

6. Non-Payment and Suspension

Failure to pay any charges by the due date may result in suspension of the Service. Where possible, full access will be restored upon receipt of all outstanding charges, including any applicable late payment fees and reconnection charges. Suspension shall not relieve the Customer of any obligation to pay charges due under this Agreement.

We may suspend the Service forthwith upon giving You notice in the event that: (a) You are in material breach of this Agreement, including failure to pay any sum due; or (b) we are required to do so by any order, instruction, or request of a government body, emergency services organisation, or other competent authority. You shall reimburse us for all reasonable costs incurred in implementing such a suspension and in restoring the Service where the suspension arose from Your breach or omission.

We may additionally suspend the Service immediately and without notice where we determine, based on information available to us at the time, that suspension is necessary to protect the integrity, stability, or security of our infrastructure or third-party platforms. We will notify You as soon as reasonably practicable following any such suspension.

You are solely responsible for all usage of the Service, including any charges arising from unauthorised access, fraud, or misuse of Your system. We accept no liability for toll fraud or any costs incurred by You or Your SIP trunk provider as a result of a compromised or misconfigured system, regardless of cause.

7. Acceptable Use

You are responsible for all use of the Service and the Instance. You agree that You shall not, and shall ensure that any users of Your Instance do not:

(a) use the Service for any unlawful purpose or in contravention of any applicable legislation or regulation; (b) transmit any material that is defamatory, offensive, abusive, obscene, menacing, or constitutes a hoax call to emergency services; (c) infringe the intellectual property rights or other rights of any third party; (d) resell or permit third-party access to the Service without our prior written consent (not to be unreasonably withheld); (e) use the Service to send unsolicited communications or to conduct fraudulent activity; (f) operate automated dialling software, predictive diallers, or any system that makes or attempts calls without prior explicit consent of the called party in compliance with applicable law, including the Privacy and Electronic Communications Regulations (PECR) and any Ofcom guidance in force; (g) exceed the resource limits of Your selected hosting tier in a manner that causes disruption to other customers; or (h) attempt to bypass, disable, or circumvent any access control, proxying, or security mechanism applied by FreePBX UK except as expressly permitted under Clause 3.

Without prejudice to the generality of the foregoing, You must not use the Service in connection with: adult entertainment or premium rate services of a sexual nature; the promotion of terrorism, extremism, or radicalisation; the facilitation of trafficking, exploitation, or abuse; the distribution of illegal content; or any activity prohibited under the Terrorism Act 2000, the Sexual Offences Act 2003, the Online Safety Act 2023, or any successor legislation. We may terminate this Agreement immediately and without notice upon becoming aware of any such use.

You shall indemnify us against all liabilities, claims, damages, losses, and expenses, including any third-party claims, arising directly or indirectly from any breach of this clause.

8. Support

Support is available to all customers via the FreePBX UK customer portal at my.freepbx.uk and through Work-Book, our customer management portal at work-book.uk, which provides access to support card management, service history, work logs, and account information. Support relates to the availability of the virtual machine infrastructure only. It does not extend to PBX software operation, PBX configuration, SIP connectivity, call routing, call quality, fraud, or any other telephony matter except where explicitly purchased under Paid Access. The receipt of infrastructure monitoring alerts does not trigger any support obligation in respect of PBX software, telephony usage, or security. The scope, priority, and availability of support depends on Your support tier as set out below.

Regardless of support tier, assistance with Critical Issues is always provided at no additional charge and will be prioritised accordingly. A Critical Issue means a complete and sustained loss of connectivity to the underlying virtual machine at the infrastructure level only. It does not include any issue relating to the PBX software, its configuration, SIP connectivity, call routing, call quality, or any other telephony matter. Such assistance relates solely to infrastructure connectivity of the virtual machine and does not extend to any PBX or telephony functionality. For the avoidance of doubt, we do not guarantee resolution times for any support request, including Critical Issues.

We close for five consecutive days over the Christmas and New Year period (typically 29th December to 2nd January inclusive), during which all customers are temporarily moved to Restricted support. The exact closure dates are published on the FreePBX UK my.freepbx.uk each year with not less than 30 days’ notice. Infrastructure failover systems remain active at all times during the closure period.

Restricted (no additional charge)

Restricted is the default support tier included with all hosting. It is intended for customers who do not routinely require technical assistance. Support requests must be submitted via the FreePBX UK customer portal. Tickets are treated as low priority with a target response time of four business hours during Support Hours. Phone, email, and WhatsApp contact is not available under this tier.

Restricted support is limited to Critical Issues, Major Service Outage (MSO) reports, and general billing queries. We do not provide support under this tier for configuration changes, third-party SIP trunks, custom dial plan development, or any matter beyond what is necessary for the fundamental operation of Your Instance. Access to Work-Book is included.

Full Access (£9.00 per month or £90.00 per year, plus VAT)

Full Access is a support subscription providing priority handling, a guaranteed response SLA, and direct contact access. Full Access subscribers may contact us by phone, email, and WhatsApp during Support Hours (Monday to Friday, 09:00 to 18:00 GMT/BST, excluding UK bank holidays in England, Scotland and Wales, and the annual Christmas closure period).

Support requests from Full Access subscribers are treated as high priority and escalated with urgency. We guarantee a response within one hour to any valid support request relating to the Service, submitted during Support Hours. If we fail to respond within one hour, we will credit that month’s Full Access subscription fee in full upon request, limited to one credit per calendar month.

Each Full Access subscriber is allocated a dedicated Support Number, a DDI that routes directly to our support team at Full Access priority. A 4-digit Support PIN is required every time you call the Support Number. Your Support Number and PIN are both viewable in Work-Book and the PIN may be changed to any 4-digit combination upon request. Both should be kept secure.

Full Access subscribers benefit from a streamlined process for booking Paid Access sessions. Access to Work-Book is included.

Paid Access (plus VAT, available to all tiers)

Paid Access sessions are pre-booked, dedicated support sessions providing hands-on technical assistance provided strictly under Customer direction and control, without restriction on subject matter. The following rates apply:

• 1-Hour Block, deducted in 20-minute increments: £75.00
• 5-Hour Block, deducted in 20-minute increments: £250.00
• Full Day (8 consecutive hours): £300.00

All Paid Access rates are exclusive of VAT. Sessions must be paid in advance. Credits are valid for 12 months from the date of purchase and are non-refundable save in exceptional circumstances at our sole discretion.

Paid Access sessions are available Monday to Friday, 06:00 to 23:00 (GMT/BST), excluding UK bank holidays and the annual Christmas closure period. Extended availability including overnight and weekend sessions is available under the Annual Unlimited plan. All sessions are subject to engineer availability and must be booked in advance via the FreePBX UK customer portal.

Paid Access is available to customers on any support tier. Full Access subscribers benefit from a streamlined booking process. Restricted customers may also book Paid Access sessions via my.freepbx.uk, subject to availability and standard response times.

Out of scope (Restricted and Full Access)

Except under Paid Access, support does not include and does not create any liability or responsibility for: PBX software configuration, SIP trunk providers, call routing, call quality, dial plan development, third-party integrations, fraud prevention, or any matter relating to telephony functionality. We reserve the right to decline support requests that fall outside scope and to direct You to the FreePBX community forums or Sangoma’s own resources where appropriate. Any assistance provided outside this scope is provided without obligation and does not constitute an extension of the Service or create any ongoing responsibility.

Support pricing

Support prices are reviewed annually and may change with effect from 1st April each year. Any increase will not apply mid-term to any active subscription or pre-purchased Paid Access credits. Annual price increases are limited to the Consumer Prices Index (CPI) plus 3.9%. Where pricing has not been increased in a previous year, we reserve the right to apply a cumulative increase not exceeding the total CPI plus 3.9% for each year in which no increase was applied, up to a maximum of three consecutive years. A minimum of 30 days’ notice of any price change will be provided by email to the primary account holder and published at my.freepbx.uk. Annual subscriptions cannot be subject to a price increase during an active billing period, regardless of the effective date of the change.

9. SSH Access and Security

SSH access to the underlying virtual machine is disabled by default and may be enabled on request, subject to a security review at our discretion. We retain a master SSH key used solely for the purposes of virtual machine maintenance and infrastructure support. Such access is limited, reactive, and does not constitute monitoring of PBX activity, fraud detection, or assumption of any security responsibility for the PBX software. By accepting this Agreement, You acknowledge and consent to this.

You must not attempt to remove, disable, or circumvent our master key or any other security measure applied to the Instance. Any such attempt will constitute a material breach of this Agreement and may result in immediate termination without refund.

You are responsible for the configuration, operation, and ongoing security of the PBX software running on Your Instance, including but not limited to firewall rules, SIP access controls, extensions, credentials, network exposure, and any connected endpoints. You are responsible for ensuring that Your system is configured to reduce the risk of unauthorised access and misuse. We do not provide managed security, monitoring, or configuration services as part of the Service. The provision of SSH access or infrastructure maintenance does not create any obligation for PBX security, fraud prevention, or PBX operation.

For the avoidance of doubt, Customer-controlled access, DNS configuration, and exposure of the Instance remain subject to the restrictions set out in Clause 3.

10. Backups

Automated daily backups of the virtual machine are enabled for all Instances and are retained by DigitalOcean for a period of seven days. Whilst we take reasonable steps to ensure backups are available at the infrastructure level, we do not guarantee that a backup will be recoverable in all circumstances. Backups are provided as a convenience and do not constitute a guaranteed disaster recovery solution. The provision of automated backups does not create any obligation for PBX security, PBX configuration, fraud prevention, or PBX operation. We strongly recommend that You maintain Your own independent copies of all critical configuration and data.

Backup restoration is available on request and may be subject to a reasonable support charge. We accept no liability for any loss of data that cannot be recovered from a backup.

11. Termination

You may request cancellation of Your hosting at any time via the Product Details page in the FreePBX UK customer portal. The Service will continue until the end of the current billing period, at which point the Instance will be scheduled for deletion. No refund will be issued for any unused portion of the current billing period.

We may terminate this Agreement forthwith, without prejudice to any other rights, in the event that: (a) You are in material breach of this Agreement and, where the breach is capable of remedy, You fail to remedy it within seven days of written notice; (b) You become insolvent, enter administration, or are subject to a winding-up order; (c) any licence or authorisation upon which Your use of the Service depends is revoked or ceases to be valid; or (d) Your conduct is likely to cause harm to FreePBX UK, its infrastructure, or other customers.

Upon termination for any reason, Your Instance will be scheduled for deletion and all associated data permanently removed. We do not guarantee data retention beyond the termination date. It is Your sole responsibility to export any data You require before termination takes effect. We accept no liability for data lost following termination.

12. Liability

Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence, or for any other liability that cannot be excluded by law.

Subject to the foregoing, our total liability to You under or in connection with this Agreement, whether in contract, tort, or otherwise, shall not exceed the total hosting charges paid by You in the three months immediately preceding the event giving rise to the claim.

You acknowledge that: (a) You have sole control over the configuration, operation, and security of the PBX software running on Your Instance; (b) You are solely responsible for Your choice of SIP trunk provider, call routing, and all telephony usage; (c) losses arising from fraud, toll abuse, or misuse of the PBX software may significantly exceed the fees payable under this Agreement; and (d) You have the ability to implement Your own security controls, fraud prevention measures, and call spend limits, and to obtain appropriate insurance for telephony and fraud risks.

The three-month liability cap has been set having regard to: the parties’ respective commercial sophistication; the low fees charged for infrastructure-only provision of a virtual machine environment; the Customer’s full control over PBX configuration, SIP providers, and telephony usage; the Customer’s ability to implement its own security monitoring and fraud prevention; and the Customer’s ability to obtain appropriate insurance or implement its own risk mitigation for telephony and fraud risks. The parties confirm that this allocation of risk is reasonable in the circumstances and reflects a commercially reasonable allocation of risk having regard to the matters set out above.

We shall not be liable to You for any loss of business, revenue, contracts, anticipated savings, or profits, nor for any indirect or consequential loss of any kind, howsoever arising. We shall not be liable for any failure or delay in performing our obligations caused by circumstances beyond our reasonable control, including but not limited to acts of God, power failure, internet outages, or the failure of any third-party platform or service.

13. Data Protection

Each party shall process personal data in accordance with applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018. We process Your personal data in accordance with our Privacy Policy, available at my.freepbx.uk. You retain ownership of all data stored on Your Instance. We will not access, inspect, or disclose Your data except as necessary for service delivery, maintenance, or as required by law.

You are responsible for ensuring that Your use of the Service complies with all applicable data protection obligations, including obtaining any necessary consents from users of Your telephone system.

14. SysAdmin Pro

14.1 SysAdmin Pro is a commercial module developed and licenced by Sangoma Technologies. FreePBX UK includes access to SysAdmin Pro as part of all active hosting plans, subject to the eligibility criteria and activation process set out in this clause.

14.2 SysAdmin Pro is not activated automatically at provisioning. To request activation, the Customer must email [email protected] from the registered account email address, providing their FreePBX Deployment ID and requesting activation. The Deployment ID can be found within the FreePBX GUI under Admin, then System Admin.

14.3 When FreePBX UK processes an activation request, it will make a co-owner claim on the Deployment ID provided via the Sangoma Technologies portal. The email address registered against that Deployment ID on the Sangoma portal will receive an automated notification from Sangoma Technologies confirming the co-owner claim. FreePBX UK has no control over the content or delivery of that notification. The Customer's Deployment ID must be registered with a Sangoma portal account prior to submission of an activation request. FreePBX UK is not responsible for delays or failures caused by an unregistered or incorrectly registered Deployment ID.

14.4 FreePBX UK will process activation requests within 3 working days of receipt. Activation is subject to the following eligibility criteria being met at the time of the request: (a) the account is active and the hosting service is running; (b) a valid payment method is held on the account; (c) at least one invoice has been paid in full and no invoices are overdue; (d) the Customer is based in the United Kingdom and is using the Service for commercial business purposes; (e) the Deployment ID provided corresponds to an active FreePBX UK hosted instance on the account; and (f) no SysAdmin Pro licence is already active on the Deployment ID provided.

14.5 Where eligibility is confirmed, FreePBX UK will apply a 30-day trial licence to the Deployment ID provided. FreePBX UK will convert the trial to a full 25-year licence before the trial expires, provided the account remains active and in good standing throughout the trial period.

14.6 FreePBX UK reserves the right to decline an activation request or withhold conversion of a trial licence to a full licence where, in its reasonable judgement, the eligibility criteria are not met or the account is not in good standing. FreePBX UK is not required to give reasons for such a decision.

14.7 SysAdmin Pro licences are tied to the Deployment ID of the hosted instance. A licence applied to one instance does not transfer to a different instance. If a Customer requires SysAdmin Pro on a replacement or upgraded instance with a different Deployment ID, a new activation request must be submitted.

14.8 SysAdmin Pro is provided as a convenience included with the hosting plan. FreePBX UK makes no warranty as to the continued availability of SysAdmin Pro or its inclusion in hosted plans, and reserves the right to withdraw or modify this benefit on reasonable notice. The SysAdmin Pro module itself is subject to Sangoma’s own terms and licence conditions.

15. Intellectual Property

FreePBX® and Asterisk® are registered trademarks of Sangoma Technologies Corporation. FreePBX UK is the official FreePBX partner and exclusive licence and rights holder for FreePBX in the United Kingdom under agreement with Sangoma Technologies Inc. IN1CLICK is developed and maintained by 20 Telecom Ltd and is made available under an open-source licence. Nothing in this Agreement transfers ownership of any software, trademark, or intellectual property to You.

16. Assignment

We may assign or transfer our rights and obligations under this Agreement to any member of our group or to any successor in business. You may not assign, transfer, or subcontract any of Your rights or obligations under this Agreement without our prior written consent.

You must notify us in writing as soon as reasonably practicable of any change of control of the Customer. We reserve the right, acting reasonably, to terminate this Agreement upon written notice following such change of control where we consider that the change materially increases risk to our infrastructure, services, or compliance obligations.

For the avoidance of doubt, the Service and any Instance are provided solely to the Customer and must not be transferred, shared, or made available to any third party except as expressly permitted under this Agreement.

17. Notices

Any notice given under this Agreement shall be sent by email to the address most recently provided by each party. Notices sent by email shall be deemed received on the next business day following transmission, provided no delivery failure notification is received. Our address for notices is [email protected].

18. General

This Agreement constitutes the entire understanding between the parties with respect to the Service and supersedes all prior discussions, representations, and arrangements. It may only be varied in writing signed by both parties. Failure by either party to exercise or enforce any right under this Agreement shall not constitute a waiver of that right. If any provision of this Agreement is found to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising under or in connection with this Agreement.

Sangoma Technologies / FreePBX

The Service is built upon FreePBX® and Asterisk®, which are registered trademarks of Sangoma Technologies Inc. and its wholly owned subsidiaries (collectively, “Sangoma”). FreePBX UK is the official FreePBX partner and exclusive licence and rights holder for FreePBX in the United Kingdom under agreement with Sangoma Technologies Inc. Your use of the Service is subject in part to Sangoma’s terms and conditions, including the FreePBX Commercial Modules End User Licence Agreement (“EULA”) and any applicable terms at sangoma.com/legal (https://www.sangoma.com/legal/).

By accepting this Agreement, You also accept and are bound by the Sangoma EULA as an End User of the FreePBX software installed on Your Instance. The following terms are particularly relevant to Your use of the Service:

(a) Licence scope. Commercial modules installed on Your Instance are licensed on a per-machine basis. Your licence applies to Your Instance only and may not be transferred, copied, sublicensed, or used on any other system without Sangoma’s prior written consent. FreePBX UK manages module licences on Your behalf as part of the Service.

(b) No modification or reverse engineering. You must not copy, reproduce, alter, merge, modify, decompile, disassemble, or reverse engineer any Sangoma software, or create derivative works from it. Any such action will constitute a material breach of this Agreement and the Sangoma EULA.

(c) Intellectual property. Sangoma retains all right, title, and interest in the FreePBX software and all associated intellectual property. Nothing in this Agreement transfers any ownership of Sangoma’s software or trademarks to You.

(d) IP indemnity. Sangoma provides indemnification against third-party intellectual property claims in respect of the commercial modules, provided the software is used in accordance with the EULA and Sangoma’s published documentation. This indemnity does not apply where a claim arises from modification of the software or use in an undocumented manner.

(e) Data collection. You should be aware that Sangoma’s FreePBX software collects certain operational data from Your Instance and reports it to Sangoma’s servers on a regular basis for the purpose of improving software performance. This includes usage analytics via Google Analytics. Sangoma explicitly excludes call logs, call recording details, extension names and passwords, SIP provider credentials, phonebook entries, and audio files from this collection. For full details, please refer to Sangoma’s Privacy Policy at sangoma.com/legal.

(f) Governing law. The Sangoma EULA is governed by the laws of the Province of Ontario, Canada. This is separate from and does not affect the governing law of this Agreement as set out in Clause 18.

(g) Authorised partner. Clause 21 of Sangoma’s FreePBX Terms of Use makes clear that only certified or authorised Sangoma partners may market FreePBX commercially to third parties. FreePBX UK is the official FreePBX partner and exclusive licence and rights holder for FreePBX in the United Kingdom under agreement with Sangoma Technologies Inc. You acknowledge that Your use of FreePBX software via this Service does not grant You any independent right to redistribute, resell, or sublicence FreePBX or any associated Sangoma product.

(h) Support and updates. Sangoma provides community support for FreePBX via the FreePBX community forums at community.freepbx.org. Commercial module updates are distributed via Sangoma’s module repository and may require an active internet connection from the Instance. Sangoma may discontinue, modify, or restrict access to any module or feature at any time in accordance with its own terms. FreePBX UK has no control over and accepts no responsibility for changes to Sangoma’s software, licensing, or module availability.

(i) Termination of Sangoma licence. If this Agreement is terminated for any reason, any Sangoma commercial module licences associated with Your Instance will cease to be valid. FreePBX UK accepts no liability for any loss arising from the cessation of such licences upon termination.

DigitalOcean

The infrastructure underpinning the Service is provided by DigitalOcean, LLC (“DigitalOcean”). Your Instance is hosted on DigitalOcean’s cloud platform in the London 1 region. As an end user of infrastructure ultimately provided by DigitalOcean, Your use of the Service is also subject to DigitalOcean’s Terms of Service and Acceptable Use Policy, which can be found at digitalocean.com/legal (https://www.digitalocean.com/legal/terms-of-service-agreement).

In particular, You acknowledge the following as they apply to Your use of the Service:

(a) You are solely responsible for Your Services Content (as defined by DigitalOcean) and for ensuring that Your use of the Instance does not violate DigitalOcean’s Acceptable Use Policy, including restrictions on illegal activity, harmful content, and network abuse.

(b) DigitalOcean provides its infrastructure on an “as is” and “as available” basis. DigitalOcean disclaims all warranties to the fullest extent permitted by law, and its aggregate liability is limited to the amounts paid in the month preceding any claim. FreePBX UK’s own liability to You under Clause 12 of this Agreement is further limited accordingly.

(c) DigitalOcean does not promise to retain or preserve Your Services Content, and You are responsible for maintaining Your own backups in addition to those provided under Clause 10 of this Agreement.

(d) DigitalOcean may update its Terms of Service from time to time. Continued availability of the Service is contingent upon our ongoing compliance with DigitalOcean’s terms as a channel partner.

(e) Governing law and dispute resolution. DigitalOcean’s Terms of Service are governed by the laws of the State of Colorado, United States. DigitalOcean requires disputes to be resolved by binding arbitration administered by the American Arbitration Association, waiving the right to a jury trial or class action. This applies to Your relationship with DigitalOcean as an end user of their infrastructure and is separate from and does not affect the governing law or dispute resolution provisions of this Agreement as set out in Clause 18.

(f) Termination and data deletion. Upon closure or termination of any DigitalOcean account associated with Your Instance, DigitalOcean will delete Your Services Content in accordance with its standard account closure practices and has no obligation to make that content available. You are responsible for exporting or backing up any data You require before termination takes effect. FreePBX UK accepts no liability for data lost following termination of the underlying DigitalOcean infrastructure.

(g) Sanctions and export compliance. DigitalOcean’s Terms of Service require compliance with applicable United States trade and economic sanctions, including those maintained by the Office of Foreign Assets Control (OFAC). You confirm that You are not located in a sanctioned region and are not subject to any applicable sanctions list. Non-compliance may result in immediate suspension or termination of the underlying infrastructure without notice.

(h) Age and eligibility. DigitalOcean’s Terms of Service require all users to be at least 18 years of age. By placing this order You confirm that You meet this requirement.

SMTP2GO

Outbound email delivery from Your Instance is provided via SMTP2GO, a service operated by Sand Dune Mail Ltd. A dedicated SMTP2GO subaccount is made available for Your optional use at the time of activation, enabling Your FreePBX system to send email notifications, voicemail alerts, and other system-generated messages.

SMTP2GO email delivery is provided as a convenience feature and does not form part of the core Service. We reserve the right to change, suspend, or discontinue the email delivery feature at any time. Where reasonably practicable, we will provide notice of any such change. We are not obliged to provide an alternative email delivery service, and any such change or discontinuation shall not constitute a material breach of this Agreement. Email delivery is not required for the core telephony operation of the Service. Pricing reflects the provision of infrastructure only and is not apportioned to individual features or third-party components.

Your use of the SMTP2GO email delivery service is subject to SMTP2GO’s Terms of Service, which can be found at smtp2go.com/privacy-terms (https://www.smtp2go.com/privacy-terms) and are governed by the laws of New Zealand. In particular, You must comply with the following:

(a) The SMTP2GO service may only be used to send emails to recipients who have a legitimate relationship with You, or who have specifically opted in to receive communications from You. You must not use the service to send unsolicited mass emails, purchased lists, or any content that violates applicable anti-spam legislation, including the UK’s Privacy and Electronic Communications Regulations (PECR).

(b) You must not use the SMTP2GO service to send content related to prohibited categories as defined in SMTP2GO’s Acceptable Use policy, including but not limited to adult content, multi-level marketing, get-rich-quick schemes, or bulk unsolicited commercial communications.

(c) SMTP2GO credentials associated with Your Instance are provided exclusively for use by Your FreePBX telephone system for transactional and system-generated messages. You must not share, redistribute, or use these credentials for bulk mailing or any purpose beyond the operation of Your telephone system.

(d) FreePBX UK reserves the right to disable SMTP2GO access for Your Instance immediately and without notice if Your usage is found to be in breach of SMTP2GO’s acceptable use policies, applicable law, or if Your sending activity poses a risk to our sender reputation. Such disablement does not constitute a termination of this Agreement.

(e) SMTP2GO offers a 100% monthly uptime guarantee under its Service Level Agreement, with account credits of 5% of the monthly fee per 30 minutes of downtime, up to 100% of the monthly fee. Any such credits apply to our account with Sand Dune Mail Ltd and may be passed through to You at our discretion.

(f) SMTP2GO may update its terms from time to time. Any change that materially affects the availability or use of the email service will be notified to You by FreePBX UK in accordance with Clause 17 of this Agreement.

(g) Governing law. SMTP2GO’s Terms of Service are governed by the laws of New Zealand. This is separate from and does not affect the governing law of this Agreement as set out in Clause 18.

(h) Data processing. SMTP2GO processes email metadata and content passing through the relay for the purpose of delivery. You are responsible for ensuring that any personal data transmitted via the SMTP2GO relay is handled in accordance with applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018, and that appropriate consents or legitimate bases exist for such transmission.